Birmingham Railway & Electric Co. v. Baker
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action brought by the appellee, James B. Baker, against the appellant, the Birmingham Kailway & Electric Company, in which he sought damages for injuries received by him in a collision between a hose-wagon,in which the plaintiff was riding, and a street car belonging to and being operated by the defendant. There were two counts in the complaint.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action brought by the appellee, James B. Baker, against the appellant, the Birmingham Kailway & Electric Company, in which he sought damages for injuries received by him in a collision between a hose-wagon,in which the plaintiff was riding, and a street car belonging to and being operated by the defendant. There were two counts in the complaint. In the first count the plaintiff alleged that he was upon First Avenue at its intersection with Twentieth Street, in the city of Birmingham, and ay as upon…
1Opinion of the CourtDowdell, J.
The record in this case sIioavs no judgment by the court upon either the demurrer to the complaint, or the- demurrer .to the pleas. A statement in the record that “a .demurrer to each count in the complaint is by the court overruled, and a demurrer to pleas No. 4, 5, 6, 7 and 8 sustained by the court,” is nothing-more than a recital or memorandum of the clerk. It •has been several times recently decided by this court that assignments of error based upon such recitals cannot be considered.—Cartlidge v. Sloan, 124 Ala. 596; McDonald v. Ala. Mid R’y. Co., 123 Ala. 227, Avliere other cases are…
2Cases cited2 opinions
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
3Cited by8 opinions
- Balthasar v. Pacific Electric Railway Co.California Supreme Court · 1921
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Birmingham Railway & Electric Co. v. BakerSupreme Court of Alabama · 1902
- Sharp v. Elliotsville Cumberland Presbyterian ChurchSupreme Court of Alabama · 1966
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